Your real estate questions answered

Each week, we'll answer your questions surrounding everything real estate, from how to choose an agent to what to do with a deadbeat landlord

Most of our lives are spent in real estate. Whether it’s an apartment or
house we rent, own, or develop, or that office job where we work 9 to 5. We
literally eat, sleep, and work in real estate for the majority of our
lives. In other words, REAL ESTATE MATTERS. That’s what prompted me, a real
estate attorney based in Philadelphia, to write this column for PhillyVoice. Each week, I will select questions from readers on topics surrounding housing and real estate, which affect Philadelphians at home or work and then
answer them from a legal point of view.

So, let’s jump right in!

Q: What law exists to support renters who do not get their security deposit
back after 30 days? -- Heidi S., from Fairmount

A. I assume you’re asking about a residential home or apartment, since
there are no special protections guaranteed to anyone who rents a space for
their business.

In Pennsylvania, a landlord is legally required to return the security
deposit owed to their tenant or explain why some or all of the security
deposit is not being returned within 30 days. The only caveat is that the
30-day period does not begin until the tenant gives a forwarding address to
the landlord.

If the landlord does not return the security deposit within this 30-day
time period AND does not explain why any portion is not being returned, the
landlord not only waives their right to the security deposit, but the
tenant would be entitled to an amount equal to double the improperly
withheld security deposit. The landlord could also be responsible for the
reimbursement of any legal fees and costs incurred by the tenant as a
result of the landlord’s refusal to return the security deposit.

From a practical point, the tenant should try to give the location of their
forwarding address to the landlord through electronic means, such as
through an e-mail or text message. That way, the landlord will have a very
hard time claiming that they never received the tenant’s forwarding address
if the dispute ever goes to court.

Tenants can also protect themselves by taking photographs of the rental
property from all angles immediately after moving out. By doing so, the
tenant will have proof of the condition of the rental property when they
left and can counteract any possible false allegations made by the landlord
as to the condition of the rental property.

Typically, the more the tenant has their “ducks in a row,” so to speak, the
more likely the landlord will simply let the matter go and return the
security deposit to the tenant, and, if that does not happen, then the
tenant is putting themselves in a good position to sue the landlord.

The materials and information contained on this column have been
prepared by Alan solely for general informational purposes and do not
constitute legal advice. You should consult with an attorney for a real
estate matter you are currently encountering.

submitted photo/for PhillyVoice

Alan Nochumson

Alan Nochumson is a leading real estate attorney in Philadelphia who
founded his law firm, Nochumson P.C., more than a decade ago. Alan has
represented a “who’s who” of clients in the city - from developers to
landlords, restaurants to retailers, homebuyers and tenants. When he is not
lawyering, Alan is playing basketball in recreational leagues, sitting on a
mayoral-appointed board or commission, and writing a monthly column for a
legal publication. Alan and his family live in the city’s Fairmount
neighborhood. You can learn more about Alan by visiting his
website.